SOW__Exhibit_3_-_Task_Order_Award_Procedures.pdf

Exhibit 3

Task Order Award Procedures Fair Opportunity and Ordering Guide

Version 1.0

04/01/2019

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Document Change History

Version Date Description

1.0 April 01, 2019 Initial publication

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Table of Contents

1. General Information

1.1. Background

1.2. Purpose

1.3. Scope

1.4. Authorized Users

1.5. Contractors

2. Roles and Responsible

3. Ordering Procedures

3.1. Acquisition Planning

3.2. Define Requirement

3.3. Task Order Types

3.4. Request for Proposal (RFP) Issuance

3.5. Proposal Submission

3.6. Proposal Evaluation

4. Task Order Award Documentation, Debriefings, and Protests

4.1. Award Documentation

4.2. Announcement of Award

4.3. Debriefing

4.4. Alternative Dispute Resolution

4.5. Task Order Level Protest

4.6. Ombudsman

5. Task Order Administration

5.1. Quality Assurance

5.2. Reporting Past Performance

5.3. Reporting and Task Order Close-out

6. Other Considerations

6.1. Potential Organizational Conflicts of Interest

6.2. Industry Partner Responsibility

6.3. Funding Availability and Task Order Funding

6.4. Order Duration

6.5. Task Order Cancellation

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6.6. Wage Rate Requirements

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1. General Information

1.1. Background

This is an exhibit associated with the General Construction and Design-Build Construction services solicitation and impending award. This document shall be incorporated in the Contract Agreement and associated with all IDIQ Contracts awarded as a result of this acquisition.

1.2. Purpose

The General Services Administration (GSA), Public Buildings Services (PBS) has developed this Task Order Award Procedures Fair Opportunity and Ordering Guide as a means to facilitate the Contractor’s understanding of the procedures that shall be used at the Task Order ordering level. The Guide contains the information needed to properly use the Multiple Award IDIQ Contracts to award Task Orders to order General Construction or Design-Build Construction service requirements for GSA PBS divisions.

This Guide is subject to change and refinement by the IDIQ Contracting Officer, at any time, throughout the duration of the IDIQ Contract.

1.3. Scope

Reference the IDIQ Statement of Work.

1.4. Authorized Users

Only delegated and warranted GSA PBS Contracting Officers have the authority to order Task Orders under the Multiple Award IDIQ Contract. The Contracting Officer shall ensure that they remain within the limits of their warrant. Other Government agencies are not authorized to use or order against the Multiple Award IDIQ Contract.

1.5. Contractors

Only awarded Contractors in each Zone will be considered in the Task Order award procedures.

2. Roles and Responsible

Reference Section 2.5. of the IDIQ Statement of Work.

3. Ordering Procedures

The guidelines below detail the Task Order Award procedures. All terms and conditions of the Multiple Award IDIQ Contract shall be incorporated and utilized at the Task Order Level.

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3.1. Acquisition Planning

The Government shall internally plan and prepare for newly identified requirements.

Throughout this process, the Government shall at a minimum establish an integrated procurement team, compile inventory, define an acquisition strategy, and draft solicitation documentation. The Contractor shall not be privy to this acquisition planning phase and is only listed for information purposes only.

3.2. Define Requirement

The Government shall internally define and develop the scope and requirements necessary for the identified project. The Task Order scope identified shall not extend beyond the Multiple Award IDIQ Contract scope of General Construction and Design-Build Construction requirements. The Task Oder scope shall be detailed follow a specific order, as seen in the Task Order Statement of Work Template. The Contractor shall not be privy to this requirement defining phase and is only listed for information purposes only.

3.3. Task Order Types

All Task Orders procured under this Multiple Award IDIQ Contract shall be Firm-Fixed Priced. No exceptions to this contract type will be allowed.

3.4. Request for Proposal (RFP) Issuance

3.4.1. Competitive Task Orders -Fair Opportunity Procedures

This Multiple Award IDIQ Contract shall to the maximum extent practicable use competitive procedures in all subsequent Task Order awards. Unless an exception applies, all Task Orders with an estimated value expected to exceed the micro-purchase threshold are to result from a fair opportunity consideration, in accordance with FAR 16.505(b)(1).

In accordance with FAR 16.505(b)(1)(iv), for Task Orders in excess of $5,500,000.00, the contracting agency’s obligation to provide “a fair opportunity to be considered” is not met unless all industry partners are provided the following:

∗ A notice of the Order that includes a clear statement of the agency’s requirements;

∗ A reasonable period of time to provide a proposal in response to the notice;

∗ Disclosure of the significant factors and sub factors, including price or cost, which the agency expects to consider in evaluating such proposals, and their relative importance;

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∗ In the case of an award that is to be made on a best-value basis, a written statement documenting the basis for the award and the relative importance of quality and price or cost factors; and, ∗ An opportunity for a post-award debriefing if timely requested.

3.4.2. Fair Opportunity Exceptions

Some Task Order acquisitions, though infrequent, may require a Task Order Contracting Officer to utilize a fair opportunity exception. Any exception to the fair opportunity process must be consistent with FAR 16.505(b)(2)(i). If an exception to the fair opportunity process is used, the Task Order Contracting Officer must ensure that justification, approval, and posting requirements are completed in accordance with FAR 16.505(b)(2)(ii). These are the only exceptions:

∗ The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays;

∗ Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

∗ The Order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an Order already issued under the contract, provided that all awardees were given a fair opportunity for the original Order;

∗ It is necessary to place an Order to satisfy a minimum guarantee;

∗ For Orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source, and

∗ In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in FAR 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in FAR 19 apply. When considering the use of this authority, OCOs are encouraged to consult the GWAC PCOs.

3.4.3. RFP Documentation

∗ The Government shall issue all Task Order RFP requests on a SF-1142 and incorporate all necessary documentation within the Task Order RFP. The documentation may include an individual Statement of Work and DIDs that will detail the specific services and requirements needed. The Task Order RFP shall be disseminated to all Multiple Award IDIQ Contract holders in each

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Zone, via email, unless another electronic means is prescribed by the GSA IDIQ Contracting Officer;

∗ The Government shall specify the applicable liquidated damages rate that shall apply to the specific Task Order RFP;

∗ The Government shall specify the period and performance requirements that apply to the impending Task Order award;

∗ The Government shall specify the Site Visit requirements, including the date and time a site visit will be held; if such a requirement is deemed necessary by the Task Order Contracting Officer;

∗ NOTE: Communications with other officials other than the Task Order

Contract Specialist/Contracting Officer indicated in the Task Order RFP may compromise the competitiveness of the acquisition and result in the cancellation of the RFP and/or exclusion of the submitted proposal offer from this RFP.

3.5. Proposal Submission

The Contractor shall abide by and provide all the requested information detailed in the Task Order RFP. The documentation below is considered the minimum requirements:

3.5.1. Acceptance of Terms and Conditions of the Task Order RFP

The Contractor shall submit a signed and completed SF-1442 and provide signed SF-30(s) on all Task Order RFP amendments, if any were issued.

3.5.2. Pricing Proposal Documentation

The Contractor shall submit their price proposal as a lump sum Firm-fixed Priced amount on the SF-1442 and provide a detailed breakdown using the Contract Line Item Numbers (CLINs) within their accepted IDIQ Contract within the current IDIQ Contract period of performance. The proposed price breakdown shall be submitted on the Price Breakdown Template, no other substitution shall be allowed or accepted, unless the IDIQ Contract Officers approves.

3.5.3. Technical Proposal Documentation

The Contractor shall provide all necessary technical documentation requested in the Task Order RFP, as a means to facilitate the evaluation process. The technical documentation requirements shall vary on each Task Order RFP.

3.5.4. Bonding Documentation

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The Contractor shall provide a completed and sealed SF-25 and SF-25A Performance and Payment Bonds, in accordance with FAR 28.102 and GSAM

528.102. Please note that the exceptions to bond requirements will be determined at the Task Order RFP level, based on the Task Order Contracting Officer’s determination and dollar threshold expected on the Task Order award.

3.6. Proposal Evaluation

The Contractor proposal shall be evaluated by one of the methods listed below. The evaluation method shall be clearly stated within the Task Order RFP. In all circumstances The Task Order Contracting Officer must determine fair and reasonable pricing for all Fixed-Price Orders in accordance with FAR 15.4 and FAR 16.2.

3.6.1. Price Only

This method may be utilized when the Task Order Contracting Officer elects to make a fair opportunity decision based on price only and no other technical submissions are required and the value of the Task Order does not exceed the Simplified Acquisition Threshold. The Contractor may offer discounts to the accepted IDIQ Contract CLINs.

3.6.2. Lowest Priced Technically Acceptable (LPTA) with a solicitation

This method may be utilized when the Task Order Contracting Officer elects to make a fair opportunity decision based on a technically acceptable proposal with the lowest evaluated price.

3.6.3. Best Value Trade-Off with a solicitation

This method may be utilized with the Task Order Contracting Officer elects to include non-price factors (e.g. technical, past performance) in addition to price and perform a tradeoff analysis to determine best value. If this method is selected, the Task Order RFP shall list all non-price evaluation factors in detail and provide an acceptability standard for each non-price evaluation factor.

4. Task Order Award Documentation, Debriefings, and Protests

4.1. Award Documentation

The Contractor, who is determined to be the potential Task Order awardee, shall receive a GSA-300 award form once a final determination for award is made. The Contractor is required to bi-lateral sign the GSA-300 and acknowledge all associated award documentation. Once the Task Order Contracting Officer receives the signed GSA-300, the Task Order Contracting Officer shall be able to fully execute the GSA-300 and officially obligate the Task Order.

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Note: The Contractor shall not perform on any of the Task Order specifications, until a Notice to Proceed (NTP) is issued by the Task Order Contracting Officer.

4.2. Announcement of Award

Announcement of Task Order awards to all competing Offerors is shall be made by the Task Order Contracting Officer, when fair opportunity procedures are completed. If a fair opportunity exemption occurs, announcement exceptions may occur.

4.3. Debriefing

In accordance with FAR 16.505(b)(6), debriefings consistent with FAR 15.506 are required with timely requested for Task Orders greater than $5,500,000.00. Debriefings for Task Orders less than $5,500,000.00 are also encouraged, but not required.

4.4. Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) procedures increase the opportunity for relatively inexpensive and expeditious resolution of issues in controversy. These procedures may be used at any time that the Task Order Contracting Officer has authority to resolve the issue in controversy. If the Contractor submits a claim, ADR procedures may be applied to all or part of the claim. When ADR procedures are used after the issuance of a Task Order Contracting Officer’s final decision, the time limitations or procedural requirements for filing an appeal of the Task Order Contracting Officer’s final decision are not altered.

4.5. Task Order Level Protest

In accordance with FAR 16.505(a)(10), no protest under $10,000,000 is authorized in connection with the issuance or proposed issuance of a Task Order under the IDIQ Contract, except for a protest on the grounds that the Task Order increases the IDIQ scope, IDIQ period of performance, or maximum value of the IDIQ Contract. The Government Accountability Office (GAO) has exclusive jurisdiction over any Civilian Contract protests greater than $10,000,000.

4.6. Ombudsman

The GSA Ombudsman will exercise jurisdiction on any matters pertaining to IDIQ Contracts and all subsequent Task Orders awarded by GSA. The ombudsman will review complaints from Contractors and ensure that they are afforded a fair opportunity to be considered for award, consistent with the procedures in the contract.

5. Task Order Administration

5.1. Quality Assurance

The Task Order Contracting Officer is responsible for assuring that all performance meets the minimum requirements established in the awarded Task Order, documenting the Task

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Order file and communicating with the Contractor to ensure the Government is receiving the contracted services. If the Contractor’s performance monitoring is delegated to a Contracting Officer Representative (COR) or another delegate, the specific authority/limitations shall be documented in accordance with FAR 1.602-2(d) and a copy provided to the Contractor.

In addition the Contractor is expected to self-monitor their performance; follow the IDIQ and Task Order specifications/requirements and Quality Assurance Plan and Quality Control Plan associated and accepted by the Government.

5.2. Reporting Past Performance

At completion of Task Order performance, and annually for Task Orders with a period of performance exceeding one year, the Task Order Contracting Officer is required by FAR

42.15 to complete a past performance record for the prime Contractor at the thresholds identified at FAR 42.1205(c). Additional reviews may be completed, based on the Task Order Contracting Officer’s determination and overall performance of the Contractor.

5.3. Reporting and Task Order Close-out

The Contractor shall follow all close-out requirements stated in the solicitation, Contract Agreement, and any additional requirements set at the Task Order level. The Task Order Contracting Officer shall be responsible to follow close-out requirements, in accordance with FAR 4.804.

6. Other Considerations

6.1. Potential Organizational Conflicts of Interest

If a Task Order RFP creates a potential or actual conflict of interest, the Task Order Contracting Officer should identify the potential or actual conflict and decide if a remediation approach is available, which mitigates the risk or if other appropriate action is necessary consistent with FAR 9.5. The Task Order Contracting Officer will routinely work with the GSA legal Council on such matters.

If a Task Order Contracting Officer discovers a potential or actual conflict of interest after Task Order issuance, the Task Order Contracting Officers should conduct due diligence and determine if the waiver is warranted and take the necessary action, in accordance with

FAR 9.503.

6.2. Industry Partner Responsibility

Overall responsibility has been determined for each IDIQ Contractor per FAR 9.1.

However in accordance with FAR 9.405-1, Task Order Contracting Officer shall complete and document a review of active exclusions (SAM.gov) on the Contractor they intend to award Task Orders to prior to awarding each Task Order.

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6.3. Funding Availability and Task Order Funding

Funding for each Task Order shall be at the Order level. Incremental funding strategies shall not be used, unless the IDIQ Contracting Officer allows for an exception.

6.4. Order Duration

The Task Order Contracting Officer may award a Task Order throughout the period of performance of the IDIQ Contract. A Task Order period of performance duration is not dependent upon the IDIQ Contract period of performance and shall be specified in the individual Task Order.

6.5. Task Order Cancellation

Cancellation of a Task Order RFP is at the discretion of the Task Order Contracting Officer. RFP cancellations require minimal justification, while RFP cancellation may be necessary and justified for any or all of the three (3) reasons listed below. The Task Order Contracting Officer shall document the cancellation decision rationale and decision approved pursuant to GSA policy. The cancellation rationale shall be documented in the Task Order file.

∗ Services are no longer required, or are significantly changed;

∗ All proposals received are at unreasonable prices, or only one offer is received, and the

Task Order Contracting Officer cannot determine the reasonableness of the price;

∗ For other reasons, cancellation is clearly in the public’s interest.

6.6. Wage Rate Requirements

The Contractor shall abide by the prevailing wage determination rates associated with the IDIQ Contract. The Contractor shall utilize the latest prevailing wage determination rate associated with the Task Order place of performance that is incorporated in the IDIQ Contract throughout the life of the Task Order.